20. PARCEL DIVISIONS
20.1. Applicability: Except where exempt at Section20.2 below, a development permit authorizing parcel division must be obtained prior to the partition of any parcel within the jurisdiction of Boundary County.
20.2. Exemptions: Provisions of this section do not apply when all new parcels created are not platted and equal or exceed 20 acres or one-thirty-second aliquot portion of a section in size, nor will these provisions or minimum parcel size requirements apply when:
20.2.1. Parcels are created for lease solely for the purpose of agricultural or silvicultural production and harvest.
20.2.2. Parcels are created for mineral, oil or gas leases.
20.2.3. Parcels are created for the placement of government services, public utilities or rights-of-way.
20.2.4. Parcels are divided for the sole purpose of burial or interment within an approved cemetery.
20.2.5. Parcels are established through testamentary provisions or the laws of descent, provided documentation is provided the administrator so as to identify parcels so created.
20.2.6. Divisions of land ordered by a court of competent authority in Boundary County, provided documentation is provided the administrator so as to identify parcels so created.
20.2.7. Division of a single portion of a parcel for the sole purpose of obtaining financing, provided the portion encumbered and the remainder remain under single ownership and that both parcels so created consolidate again into a single parcel upon satisfaction of the debt; or, in the event of foreclosure, documentation from the lender be provided the administrator so as to identify parcels so created.
20.3. Classes of Parcel Division:
20.3.1. Parcel Line Adjustment: A change in the legal description of a line dividing unplatted parcels where no new parcels are created. It is available by permit approved by the administrator. Criteria for approval are based on how the changing parcel sizes impact the zone density minimums. Approval is indicated when where the resulting parcels meet or exceed the standard net residential density within that zone, and no new parcel is created; or if on balance, the parcel line adjustment reduces the non-conformity of an existing legally created parcel of record. If a parcel line adjustment does increase non-conformity, the administrator must verify that the adjustment is not intended to create a new parcel and circumvent minimum zone density acreages.
20.3.2. Simple Parcel Division: A simple parcel division is an unplatted parcel division creating five or fewer parcels, each meeting or exceeding both 5 acres and the standard net development density in the zone district in which it lies and each parcel having approved driveway approach from a county road or state highway. If a simple parcel division is approved and a subsequent application is made by the same owner for further subdividing the original parcel, then platting will be required and must include any unsold parcels previously divided by simple parcel division. This provision may not be used to divide parcels created with the 20 acre exemption, or Primitive parcel division.
20.3.3. Primitive Parcel Division: A primitive parcel division is an unplatted parcel division creating up to two new parcels, each meeting or exceeding both 5 acres and the standard net development density in the zone district in which it lies. In addition, each parcel so created will have, at minimum, defined access and utility easements from an existing public road displayed on a record of survey. Primitive parcel divisions must accurately disclose the level of services or lack thereof on the face of a record of survey. If a primitive parcel division is approved and a subsequent application is made for further subdividing the original parcel, then platting will be required, and must include any unsold parcels previously divided by primitive parcel division. This provision may not be used to divide parcels created with the 20 acre exemption, or Simple Parcel Division.
20.4. Administration: Parcel Line Adjustment:
20.4.1. Applicant: Applications for Parcel Line Adjustment will be made on forms provided by the administrator, all applications shall include the names of each owner and their respective ownership interest in the property to be divided, all lien holders of the property, and bear the signatures of all parties holding ownership interest indicating approval of the partition of the property. Applications must include a copy of record of survey and/or the legal descriptions of each parcel proposed or a site sketch sufficient to accurately depict the dimensions of each parcel and their size, in acres, and any legal easements or rights of way encumbering the parcel involved in the line adjustment.
20.4.2. Administrator: Upon receipt of a completed application for Parcel Line Adjustment, the administrator will provide copies to all interested county departments, including the Assessor’s office.
20.4.3. Consideration: The administrator will consider the following when reviewing an application for a simple parcel division:
20.4.3.1. Did the application meets the requirements established herein?
20.4.3.2. If the adjusted parcel sizes reduce nonconformity to zone acreage minimums, then approval is indicated.
20.4.3.3. If an adjusted parcel size increases nonconformity to zone acreage minimums, then approval is subject to establishing that the purpose of the Parcel Line Adjustment is not to create a new parcel and circumvent zone acreage minimums. Note: Considerations for Transfer of Real Property to Family Members, if appropriate to this Parcel Line Adjustment, take precedence here. See 20.10.1.
20.4.4. Decision: After considering an application for Parcel Line Adjustment the administrator may:
20.4.4.1. Approve: Approve the application and issue a permit. When the new legal descriptions have been recorded, the administrator will issue a certificate of compliance, and inform the Assessor’s office of the parcel size changes.
20.4.4.2. Deny: Deny the application, advising the applicant in writing the reason for denial, and the applicant's right to appeal.
20.5. Administration: Simple Parcel Division:
20.5.1. Applicant: Applications for simple parcel division will be made on forms provided by the administrator, all applications shall include the names of each owner and their respective ownership interest in the property to be divided, all lien holders of the property, and bear the signatures of all parties holding ownership interest indicating approval of the partition of the property. Applications must include a copy of record of survey and the legal descriptions of each parcel proposed or a site sketch sufficient to accurately depict the dimensions of each parcel and their size, in acres, and any legal easements or rights of way encumbering the parcel to be divided. Applications must be signed by an authorized representative of the Boundary County Treasurer stating that property taxes are current or arrangements have been made to bring them current, and by an authorized representative of Road and Bridge or the Idaho Transportation Department approving driveway easement access to each parcel created.
20.5.2. Administrator: Upon receipt of a completed application for simple parcel division, the administrator will provide copies to all interested county departments, including the Assessor’s office.
20.5.3. Consideration: The administrator will consider the following when reviewing an application for a simple parcel division:
20.5.3.1. Did the application meets the requirements established herein?
20.5.3.2. Did the application meets the requirements of County Road and Bridge or the Idaho Transportation Department for driveway access?
20.5.3.3. Have concerns raised by affected county departments been met?
20.5.3.4 Whether the parcel was created by a previous Primitive or Simple Parcel Division, or the 20 acre exemption, to assure platting is not required.
20.5.4. Decision: After considering an application for simple parcel division the administrator may:
20.5.4.1. Approve: Approve the application, issuing a certificate of compliance.
20.5.4.2. Deny: Deny the application, advising the applicant in writing the reason for denial, and the applicant's right to appeal.
20.6. Administration: Primitive Parcel Division:
20.6.1. Applicant: Applications for primitive parcel division must be made on forms provided by the administrator, all applications shall include the names of each owner and their respective ownership interest in the property to be divided, all lien holders of the property, and bear the signatures of all parties holding ownership interest indicating approval of the partition of the property. Applications must include a copy of record of survey and all legal easements or rights of way encumbering the parcel to be divided, or the lack thereof. Applications must be signed by authorized representative of the Boundary County Treasurer stating that property taxes are current or arrangements have been made to bring them current, and by an authorized representative of Road and Bridge or the Idaho Transportation Department approving driveway easement access to each parcel created.
20.6.2. Administrator: Upon receipt of a completed application for primitive parcel division, the administrator will provide copies to all interested county departments, to include the Assessor’s office, the Treasurer's office, Road and Bridge Department, and GIS addressing department.
20.5.3. Consideration: The administrator will consider the following when reviewing an application for primitive parcel division:
2065.3.1. Did the application meets the requirements established herein?
206.3.2. Did the application meets the requirements of County Road and Bridge or the Idaho Transportation Department for driveway access?
20.6.3.3. Have concerns raised by affected county departments have been met?
20.6.3.4 Whether the parcel was created by a previous Primitive or Simple Parcel Division, or the 20 acre exemption, to assure platting is not required.
20.6.4. Decision: After considering an application for primitive parcel division the administrator may:
20.6.4.1. Approve: Approve the application, issuing a certificate of compliance.
20.6.4.2. Deny: Deny the application, advising the applicant in writing the reason for denial, and the applicant's right to appeal.
20.7. Final Record of Survey Requirements: Following the acceptance of a primitive parcel division application and prior to the conveyance of any parcels, the applicant shall cause to be drawn a record of survey which shall include the following:
20.7.1. The initial point of survey and descriptions and locations of monuments in accordance with the provisions of Idaho Code.
20.7.2. The center lines and widths of all existing or proposed streets, roads and alleys. The length and bearing of the lines of all streets, roads, alleys, rights of ways and easements.
20.7.3. A list of all instruments which encumber any parcel on the record of survey.
20.7.4. A certification stating that all parcels created and displayed on the record of survey shall require platting if divided in the future; the certification shall be signed by the Chairman of the Boundary County Board of Commissioners.
20.7.5. A place for the signature of the Boundary County Clerk of Court certifying recording of the record of survey.
20.7.6. The instrument number of the record of survey must be shown on the warranty deeds, or conveyance documents, of all parcels shown on the record of survey.
20.8. Terminating an Application for Parcel Division: An approved simple or primitive parcel division shall lapse if conveyance documents with the properties legal description have not been recorded in the Boundary County Records Department within two years of the date of approval.
20.9. Penalties for Violation:
20.9.1. Failure to File Simple or Primitive Parcel Division: Failure to apply for simple or primitive parcel division when so required shall constitute an infraction pursuant to Section 4.1.1.8.
20.10. Transfer of Real Property to Family Members:
20.10.1. Conditions of Family Transfer Privilege:
20.10.1.1. Objective: To establish an equitable means by which the owners of privately held unplatted land may attain a reasonable increase in residential density expressly for the purpose of conveying real property to immediate family members.
20.10.1.2. Immediate Family Members Defined: For the purpose of this section, immediate family members will be deemed to be and limited to the property owner’s children, step-children, adopted children, parents and grandparents.
20.10.1.3. Corporations not Eligible: The provisions of this section will not be exercised to divide lands owned by corporations, LLCs or other business entities, but may be exercised on lands held jointly in family trust.
20.10.1.4. Eligibility: The provisions established by this section may be exercised when:
20.10.1.4.1. The property owner transferring real property under this provision has owned the land for a period of not less than one year; and
20.10.1.4.2. The lands to be conveyed are suitable for residential construction in that they have adequate access and do not lie in an A Flood Zone, wetland or other hazardous or sensitive area; and
20.10.1.4.3.
The recipient of the property has not previously been given
property within Boundary County by any other family member under this
provision or any similar provision previously allowed by Boundary
County.
20.10.2. Maximum Density Allowed: Where the provisions of this section are exercised, the maximum net residential density requirement will be waived, however, neither any new lot created nor the remainder will be less than one-quarter (1/4) acre if both water and sewer service are available; when either community water or sewer service is available, but not both, no lot or parcel will be less than three-quarter (3/4) acre in size; or, where neither community water or sewer services are available, no lot or parcel created will be less than two and one half (2 ½) acres in size.
20.10.3. Administration: Property owners seeking to exercise the rights established by this section will, prior to conveyance of property, submit application for a parcel division, processed on forms provided by the administrator. Where a single parcel is divided into two parcels, process as a simple parcel division. Where a single parcel is divided into three parcels, process as a primitive parcel division. If such parcel is divided into four or more parcels, process as short plat subdivision. Where platting is required, road rights-of-way and slope standards as established in the County Road Standards manual will be met, but surfacing standards may not apply.